FRENCH REVOLUTION AND HUMAN RIGHTS Cover Image

ФРАНЦУСКА РЕВОЛУЦИЈА И ЉУДСКА ПРАВА
FRENCH REVOLUTION AND HUMAN RIGHTS

Author(s): Momir Milojević
Subject(s): History of Law, Human Rights and Humanitarian Law
Published by: Правни факултет Универзитета у Београду
Keywords: French Revolution; Declaration of Rights of Man and Citizen; Terror; Influence of the Declaration

Summary/Abstract: French revolution has affected the world in many ways. However, it shall remain an eternal issue especially in relation to human rights. The famous Declaration of rights of man and the citizen, of 26th August 1789, is a document which was quoted most frequently until today, regardless the fact that subsequent acts contained more rights and freedoms (the 1791 Constitution and the declarations of 1793 and 1795). Human rights have been in the focus during the Revolution, both in case of their proclaiming and negating (Terror). There was a reason to promulgate the Declaration of rights of man and the citizen at the beginning of the Revolution. All subsequent changes and events were closely connected to human rights and the rule of "virtue". This was understood well by the French people who reaffirmed the rights and freedoms from the 1789 Declaration into the preambles of French constitutions of 1946 and 1958. In such a way they are a part of the French positive law, while being protected by die Constitutional Council. The significance of the 1789 Declaration is not in listing rights and freedoms but in permanent and universal principles. Adopted by "representatives of French people", the Declaration is addressed to all people. It internationalizes rights and freedoms of man as natural, inalienable and not subject to statute of limitations. Its principles are incorporated into constitutions and legislations of many countries, including the XIXth century Serbia. The idea on human rights, which was not unknown in some countries long before the French Revolution, became a source of inspiration and practice worldwide. After going through much temptations, it is now universally accepted - more dran ever during the last two centuries.

  • Issue Year: 39/1991
  • Issue No: 4
  • Page Range: 369-390
  • Page Count: 22
  • Language: Serbian